Divorce Process in India – Step-by-Step Guide (2025)
Divorce Advocate in Delhi. Learn the complete divorce process in India. Step-by-step guide for mutual consent and contested divorce, documents needed, timeline, and legal advice.
Step 1: Understanding the Type of Divorce
There are two types of divorce in India: Divorce Advocate in Delhi.
Mutual Consent Divorce: When both husband and wife agree to separate amicably.
Contested Divorce: When one party files for divorce due to cruelty, desertion, adultery, etc.
Step 2: Hire a Divorce Lawyer
Consult a good divorce lawyer to: Divorce Advocate in Delhi.
Understand your rights
Know the procedure
Get help with documentation and court representation
Step 3: Draft and File the Divorce Petition
Your lawyer will prepare a divorce petition mentioning facts, grounds for divorce, and reliefs sought.
The petition is filed before the Family Court in the jurisdiction where you lived together or where either party resides.
Step 4: Serving the Notice
The court issues a notice/summons to the other party informing them about the divorce petition.
Step 5: Reply and Counterclaim (Only in Contested Divorce)
The respondent (opposite party) files a written reply.
They may also file a counterclaim (e.g., asking for maintenance, custody, etc.).
Step 6: Court Proceedings
Both parties submit evidence (documents, witnesses).
The court may order mediation to encourage settlement.
If mediation fails, the matter proceeds to trial.
Step 7: Interim Orders
During the pendency of a divorce, the court can pass interim orders regarding:
Child custody
Maintenance (alimony)
Protection or restraining orders
Step 8: Final Arguments
Both sides present final arguments through their lawyers.
Step 9: Judgment and Decree
After hearing both sides, the court passes the final judgment.
If divorce is granted, a Divorce Decree is issued.
Step 10: Appeal (If Needed)
If either party is unhappy with the judgment, they can appeal to the Higher Court within a specified time (usually 90 days).
Divorce Process Timeline in India
Mutual Consent Divorce: 6 months to 1 year (can be shortened if cooling-off period is waived)
Contested Divorce: 2 to 5 years, depending on complexity
Documents Required for Divorce
Marriage certificate
Address proof of both parties
Passport-size photographs
Income and asset proof
Evidence supporting grounds for divorce (for contested divorce)
Proof of attempts at reconciliation (optional but helpful)
Divorce Process Step-by-Step – FAQs
- What is the first step to file for divorce in India?
The first step is to consult a divorce lawyer who can guide you on the correct legal process based on your situation — whether it’s a mutual consent divorce or a contested divorce.
- What are the required documents to start a divorce?
You will generally need:
Marriage certificate
Address proof of both parties
Passport-size photographs
ID proofs (Aadhaar Card, PAN, etc.)
Income proof (for maintenance claims)
Grounds and evidence for contested divorce
- Can divorce be filed without a lawyer?
Yes, technically, you can file a divorce petition without a lawyer. However, legal representation is highly recommended to avoid mistakes and ensure smooth proceedings.
- How long does it take to get a divorce in India?
Mutual Consent Divorce: Around 6 months to 1 year (can be faster if the court waives the cooling-off period).
Contested Divorce: Depending on the complexity and court workload.
- Is the 6-month waiting period mandatory for mutual divorce?
No, the Family Court can waive the 6-month waiting period if it is satisfied that:
The parties have been living separately for more than a year.
There is no possibility of reconciliation.
Step-by-step guide for mutual consent and contested divorce, documents needed, timeline, and legal advice.
- What is the difference between Mutual Divorce and Contested Divorce?
Mutual Divorce: Both spouses agree to separate amicably and settle issues like custody and maintenance mutually.
Contested Divorce: One spouse files for divorce based on specific grounds like cruelty, adultery, desertion, etc., and the other contests it.
- What are the grounds for a contested divorce in India?
Some common grounds include:
Cruelty
Adultery
Desertion for over 2 years
Conversion to another religion
Mental disorder
Communicable diseases
Presumption of death
- Can I remarry immediately after getting a divorce?
You can remarry after getting a certified divorce decree from the court. However, it’s advisable to wait for 90 days, which is the usual appeal period.
- Is online divorce possible in India?
Currently, complete online divorce is not possible. However, many hearings (especially in mutual consent divorce) can happen via video conferencing, and documentation can be submitted online in some jurisdictions.
- Can the divorce decree be challenged?
Yes, a divorce decree can be appealed in the Higher Court within 90 days from the date of the decree if either party is dissatisfied.
Disclaimer: This article is for educational and informational purposes only. It provides a general understanding of legal remedies but does not constitute legal advice. For specific legal guidance, you can consult a legal matter expert.
